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MTR. OF LINCOLN BLDG. ASSOCS. v. JAME

8 N.Y.2d 179 (1960)

In the Matter of Lincoln Building Associates, Appellant, v. Joseph Jame, Respondent.

Court of Appeals of the State of New York.

Decided July 8, 1960.

Attorney(s) appearing for the Case

Ralph W. Felsten for appellant.

Louis J. Lefkowitz, Attorney-General (Paxton Blair and Abe Wagman of counsel), in his statutory capacity under section 71 of the Executive Law.

No appearance for respondent.

Chief Judge DESMOND and Judges DYE, FULD and FOSTER concur with Judge FROESSEL; Judge BURKE dissents in an opinion in which Judge VAN VOORHIS concurs.

FROESSEL, J.

On this appeal, petitioner landlord challenges the constitutionality of the 1959 re-enactment and extension (L. 1959, ch. 809) of the Business Rent Law (L. 1945, ch. 314, as amd.) insofar as it is applicable to office space.

In Lincoln Bldg. Associates v. Barr (1 N.Y.2d 413) this same landlord similarly challenged the constitutionality of the predecessor...

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